As we reported several days ago, Chick-fil-A is receiving heavy criticism from liberals and the gay community for its stance on traditional marriage. Now, local city officials are trying to create economic hardship for the restaurant chain. Not so fast say legal experts:

On July 20, Boston Mayor Thomas Menino indicated that Chick-fil-A will find it “very difficult” to obtain licenses for a restaurant in his city, but he backed away from that assertion. He later told the Boston Herald, “I can’t do that. That would be interference to his rights to go there.”

Chicago is the latest city to tell Chick-fil-A that it is not welcome. Chicago Mayor Rahm Emanuel said July 25 he would support Alderman Proco Moreno’s announcement that he would block construction of the restaurant in his district. Moreno said, “If you are discriminating against a segment of the community, I don’t want you in the First Ward.” Emanuel has articulated similar sentiments. He said, “Chick-fil-A values are not Chicago values. They disrespect our fellow neighbors and residents.”

But according to legal experts, barring construction of Chick-fil-A because the owners oppose gay marriage is a clear case of discrimination. “The government can regulate discrimination in employment or against customers, but what the government cannot do is to punish someone for their words,” said Adam Schwartz, senior attorney for the American Civil Liberties Union of Illinois. “When an alderman refuses to allow a business to open because its owner has expressed a viewpoint the government disagrees with, the government is practicing viewpoint discrimination.”

Schwartz noted that even the American Civil Liberties Union, which is known for its pro-gay “marriage” position, recognizes that the government cannot exclude a business simply because it has taken a stance against gay “marriage.” Such a policy could be a slippery slope and could then be used against businesses that support gay “marriage.” Though the ACLU supports gay “marriage,” “we also support the First Amendment,” Shwartz said. “We don’t think the government should exclude Chick-fil-A because of the anti-LGBT message. We believe this is clear cut.”

Jonathan Turley, a professor at the George Washington University Law School, said Moreno’s intentions raises “serious” constitutional concerns. “It’s also a very slippery slope,” Turley told FoxNews.com. “If a City Council started to punish companies because of the viewpoints of their chief operating officers, that would become a very long list of banned companies.” Turley said that Moreno’s actions could be “execessive and likely unconstitutional.”

Kathleen, mother of eight children, served for six years on the Judicial Council for the State of Alaska. She was charged with assisting in the selection and retention of judges for the state District Court, Superior Court, Court of Appeals, and Supreme Court. She was formerly a teacher at Fairhill Christian School, and is currently homeschooling four children. This wonder woman also assists Joe with his law practice as a paralegal. Please note, articles posted at Kathleen's Korner do not necessarily reflect the views or opinions of Kathleen Miller and comments are unmoderated. Abusive posts will be deleted if seen, but if a comment remains on the site, it in no way constitutes approval by Kathleen Miller, Joe Miller or Restoring Liberty.
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marineh2ominer

I despise the intolerance of progressives and sodomists .

concession

Rahm Emmanuel said that Chik fil a’s values are not Chicago’s values, Well we can thank God for that, I don’t think that anyone should have Rahm Emmanuels values, as for the citizens of Chicago, I really don’t know what their values actually are, hopefully they are Christians and do not agree with their Mayor. I pray that they vote emmanuel out of office at the first opportunity.

wethepeople

There are some very good people living in Chicago who don’t have Rahm Emmanuel’s values, which are clearly Progressive Communist.